Case Law

Constitutional Court stated the constitutional unlawfulness, due to an excess of legislative delegation, of the part of Legislative Decree no. 28/2010 concerning the compulsoriness of the mediation.

Court of Cassation, with sentence no. 34747, filed on September 11, stated that the employer is not liable in case of employees’ work accident, just if he/she exactly checked the fulfillment on the security measures.

The Court of Cassation, labor section, with the sentence no. 16622/2012, stated that the dismissal of a call center operator for road service is unlawful because the employer may not monitor his/her calls.

The Court of Cassation, Labour Section, with sentence No. 16460/2012, has granted the paid leave of three days to the father of a disabled son even if the mother is a housewife and the request is related to a period before the coming into effect of the law which provides this possibility.

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment.